In compliance with the reporting obligations referred to in the current regulations on Information and Electronic Commerce Society Services, we inform you that the person in charge of this website is:
Attending communications with users and/or interested parties at the following email address: firstname.lastname@example.org
1.- CONCEPT OF USER
USER is anyone who accesses the web, whether or not they use the contents or information included in it.
The website owner puts at the user’s disposal, through the website, access to a series of content and information that may be provided by the owner or by third parties.
TODAGRES reserves the right to limit, interrupt, and suspend access to the website or the use of some or all of its content or information at any time. Likewise, the owner reserves the right to, at any time, modify the location of the content that it has on the website, as well as the configuration both of the content or information and of the access to them, and even the “look and feel.”
3.- CONDITIONS FOR ACCESS AND USE OF THE WEBSITE
3.1.- GENERAL ACCESS AND USE OF THE WEBSITE BY A USER.. he user explicitly and unequivocally accepts that the access and use of the website do not imply any kind of guarantee, which is explicitly disclaimed by the owner, regarding the suitability of the content, included in it, for personal or specific purposes of the user. Consequently, both access to the website and the use of the content and information are carried out under the sole responsibility of the user, and the owner shall not be liable under any circumstances whatsoever, neither for direct or indirect damage, or for consequential damages, or for lost profits, for any damages arising from the use of the contents or of the conclusions that the user may make from using them.
The user accepts explicitly and unequivocally that the owner may establish at any time additional conditions or restrictions for access to the website and for the use of the contents, the observance of which shall be immediately complied with by the user.
3.2.- AUTHORIZED USE OF THE WEB AND OF THE CONTENT.. The User agrees explicitly and unequivocally that they will access the website and, where appropriate, use it and the contents therein available, in accordance with these general terms and conditions, the specific terms and conditions that there might be for each content, as well as of the other applicable legislation, to good customs and practice, to good faith, and public order. In any case, and with a purely expository character, the User commits to:
a) Access or use the website or its content that is not allowed or is contrary to the purpose of the website and the legal framework that regulates it. Thus, the user shall not try to access or use any content and/or restricted areas if they are available in the future on the website without the proper authorization to do so. In addition, the user must access and use of the restricted areas using the procedures and tools that the web itself has established for this purpose, without being possible under any circumstance, whether or not the user is authorized to access and use restricted areas and content, to use any procedures, means, or IT tools that try to circumvent the security and identification measures provided by TODAGRES or third parties.
b) Access and/or use the website and/or content within the principles and purposes for which they were created and made available to the user, respecting also the format they are available in and the general terms and conditions contained herein. In order to comply with these principles and purposes, the user undertakes, including but not limited to b.1) not carry out or try to carry out actions that involve or may involve damage either directly or indirectly, in general, on the website and the content or information available in it, and specially, on the rights of the owner or any third party whether they be a user or provider of the website; b.2) not carry out or try to carry out actions that affect, whether it be, among other things, modifying, manipulating, or eliminating the references or the formats of the references or references on the protection of intellectual or industrial property rights of the owner or third parties, both of the website itself and the contents available and other elements that make it up; b.3) not carry out actions that damage or may damage the systems of the owner or third parties, or that if applicable affect or could affect the normal development of the purpose of the website. These actions include the introduction of computer viruses in the systems of the owner, the user, or any third party that affect or may affect the website in any way, as well as actions aimed at spreading such virus both on the website and in the network through the website.
c) the user will be liable for all damages of any nature that the owner, any other user, or a third party may sustain as a result of the USER’s misuse of the website or the content available in it. They shall also take responsibility for any amounts that the owner should have to pay as a result of an administrative decision, judicial decision, or settlement agreement, aimed to compensate third parties for damage caused by the same reason.
3.3.- THE CONTENT:The user explicitly and unequivocally declares that they commit to not reproduce or copy, distribute, allow access to the public through any means of public communication, transform or modify the contents, unless they have the permission of the owner of the corresponding rights or it is legally permitted, as well as to not break or try to break the protection devices or any information mechanisms that may be included in the referred Contents such as for instance to their protection of the intellectual or industrial property.
The USER commits to not obtain or try to obtain the Contents using means or procedures other than those which may have been placed at their disposal to this effect or have been explicitly indicated in the web pages where the contents are or, in general, which are commonly used on the Internet because they do not pose a risk of damage or disablement of the website and/or the contentS.
4.- COMMERCIAL ACTIVITY
The mere exhibition of products and/or services and information about them provided by the website owner, or through links to other Websites of companies from the Corporate Group that TODAGRES belongs to, in itself does not entail any commercial activity, and the transactions or contracts which may arise between the website owner and a user shall be carried out with contracting means different to the website and will be subject, where appropriate, to the legislation and standards applicable to the specific case.
Offers, prices, new products being launched in the market, characteristics, and in general everything related to the website contents and the links to other Websites, described where appropriate, may be changed at any time by the owner who does not accept any type of liability due to changes or updates that may occur, or for possible or occasional material or transcription errors of such content on the web. All this notwithstanding the compliance on the owner’s part with the provisions in the applicable legislation.
5.- INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The contents and information provided by TODAGRES, as well as the contents uploaded into the network through its website and the corresponding links, are protected by the applicable laws and international conventions regarding intellectual property.
Any form of reproduction, distribution, public communication, change, provision and in general, any other action of public operation referred both to the Web pages and to their contents and information is prohibited, without the written explicit and prior consent from TODAGRES, except if the scope of application and use is the user’s own private one and as long as there is no transfer to third parties.
As a result, all content displayed on the Websites and in particular, designs, texts, graphics, logos, icons, buttons, software, commercial names, brands, industrial drawings, or any other signs susceptible to industrial and commercial use, are subject to intellectual and industrial property rights from TODAGRES or third party holders who have duly authorized their inclusion in the website.
The content, images, forms, indexes, and other formal expressions that are part of the Web pages, as well as the software necessary for their operation and display, also constitute a work in the sense of Copyright and are, therefore, protected by the applicable international conventions and national laws regarding intellectual property. Failure to comply with the above implies the perpetration of serious unlawful acts and their punishment through civil and criminal legislation.
Any act through which the Users of the services or contents can exploit or use commercially, directly or indirectly, in their entirety or partially, any of the contents, images, forms, indexes, and other formal expressions that are part of the Web pages is prohibited, without prior written permission from TODAGRES.
In particular, without being limited to, acts of reproduction, distribution, exhibition, transmission, retransmission, broadcasting in any way, storage in physical or electronic media (e.g. floppy disks or computer hard disk,) digitalization, or making available from databases different from the ones belonging to those authorized by TODAGRES, as well as its translation, adaptation, arrangement, or any other transformation of such information , images, forms, indexes, and others formal expressions or commercial phrases that are made available to the Users through the services or content, are prohibited, as such acts are subject to the applicable legislation regarding intellectual, industrial Property, or protection of image.
TODAGRES is free to limit access to the website, and the services therein offered.
Any technical, electronic, or technological resources through which a third party can benefit, directly or indirectly, with or without profit, of all and each of the contents, forms, indexes, and other formal expressions that are a part of the Web pages, or the effort carried out by TODAGRES for its operation, are prohibited. In particular, any link, hyperlink, framing, or similar that could be established towards TODAGRES Web pages, without the prior specific written consent from TODAGRES, is prohibited. Any violation of the provisions in this point will be considered as a damage to the legitimate rights of intellectual Property of TODAGRES on the Web pages and all the contents in them.
TODAGRES assumes no responsibility for any consequences derived from the above-mentioned behaviors and actions.
6.- DISCLAIMER OF WARRANTIES AND LIABILITY.
6.1. EXCLUSION OF GUARANTEES AND LIABILITY FOR THE OPERATION OF THE WEBSITE. The owner does not guarantee the availability and operational continuity of the website or of those other websites it has established a link with. Furthermore, the owner is in no case liable for any damages that may arise from a) lack of availability or accessibility to the website or those other sites it has established a link with; b) interruption in the operation of the website or computer failures, telephone failures, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, in the Internet system, or in other electronic systems produced in the course of its operation; c) the lack of suitability of the web for the specific needs of the users and; d) other damages that can be caused by third parties by non-authorized intrusions out of the control of the owner. Likewise, the owner warns that the quality of the content and information availability on the website and the use that the USER might make of them depends to a large extent on the fact that the USER’s hardware and software comply with the technical requirements which may be necessary at the discretion of the owner. Therefore, the owner is not liable for the users’ inability or failure to have the content or information on the website available or to use them in the event that the cited technical requirements are not met.
The owner does not guarantee the absence of virus or other elements on the website introduced by third parties unrelated to the owner that may produce alterations in the physical or electronic systems of the users or in electronic documents and files stored in their systems, such as screen savers or wallpapers. As a result, the owner will not be in any way liable for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the users’ physical or electronic systems, electronic documents, or files. The owner does not guarantee that unauthorized third parties will not have access to the type of use of the website that the user makes or the conditions, characteristics, and circumstances in which such use is made. As a result, TODAGRES shall not be in any case responsible for damages that may result from such unauthorized access.
6.2.- EXCLUSION OF GUARANTEES AND LIABILITY FOR THE USE OF THE WEBSITE.. The owner shall not be liable in any case for the use that users and/or third parties may make of the website or the content and information, or for damages that may arise from it. Thus, the owner warns that in the event that there may be available in the future studies, opinions, reports, etc., included as content on the website, such content made by the owner or third parties are intended to provide only an orientation that serves as support to the activity of the user, so that the user explicitly accepts that the owner will not be liable under any circumstance for any damages that may arise directly or indirectly from the use that the user may make of such content and the conclusions drawn from it.
All liability due to the decisions that the User may make based on this information is excluded, as well as for possible typographical errors or technical inconsistencies that the documents and graphics the page has, may contain. The information is subject to potential periodic changes without prior notice of its content by extending, improving, correcting, or updating the Contents.
7.1 COOKIES. USER explicitly and unequivocally states and authorizes the owner to use, if they should so esteem, “cookies” when the website is accessed and/or used by the user. These “cookies” can be voluntarily rejected by the user. The use of these “cookies” by the owner shall be dealt with in a dissociated way so that there will not be an association process between the user and/or their access device and the user’s personal information. Under no circumstance will the voluntary refusal to the use of the “Cookies” will be detrimental to the ability of the user to access and use the Content. For more information, see the COOKIES policy.
7.2. LINKS. All those who intend to establish a link, hyperlink between their Web page and this website, must obtain prior authorization from the owner. In case they obtain such authorization (which may be unilaterally revoked at any time,) the establishment of the link will have to meet the following requirements: a) the establishment of the link will not under any circumstance imply any reproduction of the website, but should only serve to allow access to the website. In addition, access through the link will only lead to the main page of the website (“homepage”,) under no circumstance can it lead to a different page; b) a frame or border environment on the website shall not be created; c) false, inaccurate, or incorrect statements or advice shall not be made on the website; d) it will not be stated or insinuated that the website owner endorses, recommends, supervises, or accepts responsibility for the content available or the services provided through the Web pages in which the link was established, and the owner does not assume or accept any liability which may be incurred by the website (its managers, owners, etc.) both through the establishment of the link itself to the website “home page” and for the services and contents provided on this website; e) in any case, the permission to establish the link will only mean an authorization to establish the link pursuant to this section, so that it will not involve in any case, without authorization, the possibility of use or availability on this Web page in which the link was established, of intellectual or industrial property rights of the owner or of any third party. In any case, the Web page in which the link is established may not contain distinctive signs that can induce to understand the existence of an association relationship (as it does not exist) between the services, products, and content available and provided in the Web page and those available and provided through the website. Likewise, it may neither imply the existence of an association (as it does not exist) between the natural person, legal entity, or organization that manages or is the owner of the aforementioned Web page, and the owner or the third party content and/or information providers of the website; f) the Web page to which the link is established, during which the time the link is established, may not have or provide services or contents that are unlawful, fraudulent, contrary to the present general terms and conditions, to good faith, proper conduct, and the rights of the third party providers of content on the web or to the owner.
8.- PROTECTION OF PERSONAL INFORMATION.
ACTIVATION AS A REGISTERED USER. The website offers certain services for which it is necessary to register in order to gain access. The information provided through the forms provided in these applications and/or services alluded to are provided on a voluntary basis, and shall, therefore, be true. The user is committed after their registration to make good use of their username and password, by not making it available to third parties.
In the case of loss, theft, or any other risk to data access from third parties, it shall be communicated to TODAGRES as soon as possible.
PROTECTION OF PERSONAL INFORMATION
According to the provisions of the Organic Law 15/1999, of December 13, on Protection of Personal Information, TODAGRES guarantees the confidentiality of the personal information provided as a user through its website, www.todagres.com .
Except explicit indication on the forms which are accessed, the purpose of the data collection will be to supply information about promotional and advertising activities and news about the company in general, as well as of its products in particular, to facilitate contact with the company to the website users, manage personnel selections and/or administrative-economic-commercial type transactions that may be required.
9.- PARTIAL NULLITY
If any clause of this legal notice of this website is declared totally or partially void or ineffective, it will affect only that provision or part thereof that is void or ineffective, remaining in effect in everything else the rest of the subject of the legal notice and having such provision or part thereof that is affected will be considered to have been removed unless, due to it being essential to the present provisions, it would affect them in a comprehensive manner.
10.- FAILURE TO COMPLY WITH, APPLICABLE LAW AND JURISDICTION
The owner reserves the right to exercise as many actions as are available in the law to demand the liabilities arising from the breach of any of the provisions of this Legal Notice by a user. The provision of the service of the website and the present terms are governed by the Spanish Law. To the extent that is permitted by law, the parties, with an explicit waiver of any other jurisdiction that could correspond to them, agree to subject themselves to the jurisdiction of the Courts and Tribunals of the city of Murcia.